N.K.Assumi (Advocate) 26 March 2012
Vehicle License was issued by the State Transport department to a person suffering from epilepsy to drive heavy motor vehicle. The said driver was employed as private bus driver, and meet with a fatal accident resulting in death of several persons and permanent disability to several passengers travelling in the bus.Query is, should the insurance be liable or the State Government? The owner of the vehiclewas not aware of the disease and employed the said driver.
Gulshan Tanwar (Advocate) 26 March 2012
State Government as well as Insurance Company in proportion---- which can be either 80-20 or 60-40 basis which will be decided by the Honble trial Court.
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